Accident claim question

FlorayG

She has a UK licence. She most probably did go for the cheapest option as she's classed a 'new driver' and I know she was even at the cheapest paying over £100 a month! Clearly that insurer are not being helpful as they didn't tell her about her entitlement to a hire car from Day One
I'll pass on this information thank you all; but I still don't think she will hire a car because her insurance haven't told her that it's an option that she can claim against

DullGreyGuy

Mildly_Miffed said:

DullGreyGuy said:

Mildly_Miffed said:

In the event of a write-off, she'll likely only be entitled to a car from the insurer until that's agreed. Then it's her problem to replace it as quickly as she needs.

You're entitled to the hire car for a week after receipt of payment in the event of a total loss (from the third party insurer, not your own insurance, that would be defined by the policy terms). We used to do 10 days from the date payment was sent as we knew that date easier than when the cheque landed. 

Some insurers may offer it for longer as a policy perk. But if the policyholder bought on price alone, it's quite likely they've gone for one of the Ryanair insurers where everything is extra.

As I said, there is a difference between your legal entitled as claimant against the third party and what your policy may cover. The former is fairly well defined by caselaw and the later is highly variable, as you say depends if you bought a super budget or high end policy and may be above or below your legal entitlement but if its the former thats you're insurers issue to deal with for selling insurance that is better than indemnity (get it all the time with Home insurance which is New for Old)

DullGreyGuy

FlorayG said:

I'll pass on this information thank you all; but I still don't think she will hire a car because her insurance haven't told her that it's an option that she can claim against

She can't claim against her insurance for it... it would be a claim against the third party's insurance as an uninsured loss in the same way the loss of earnings will be. LE cover on her policy would get someone appointed to assist if she bought this add on

FlorayG

DullGreyGuy said:

FlorayG said:

I'll pass on this information thank you all; but I still don't think she will hire a car because her insurance haven't told her that it's an option that she can claim against

She can't claim against her insurance for it... it would be a claim against the third party's insurance as an uninsured loss in the same way the loss of earnings will be. LE cover on her policy would get someone appointed to assist if she bought this add on

Yes I understand this - all her claim will be against the other party

DullGreyGuy

FlorayG said:

DullGreyGuy said:

FlorayG said:

I'll pass on this information thank you all; but I still don't think she will hire a car because her insurance haven't told her that it's an option that she can claim against

She can't claim against her insurance for it... it would be a claim against the third party's insurance as an uninsured loss in the same way the loss of earnings will be. LE cover on her policy would get someone appointed to assist if she bought this add on

Yes I understand this - all her claim will be against the other party

Ultimately it will be but she can claim her insured losses from her insurer who'll subsequently claim against the third party insurer as the law gives them subrogated rights by settling the claim

FlorayG

Well she;s just texted me to say she's bought another car. They haven't even written off her old one officially yet, so I hope this doesn't cause her problems
Thanks for advice, all

DullGreyGuy

FlorayG said:

Well she;s just texted me to say she's bought another car. They haven't even written off her old one officially yet, so I hope this doesn't cause her problems
Thanks for advice, all

The only real complexity could come on how she intends to insure it. Presumably she doesn't have any NCD so won't make the mistake that others make of trying to use the 1 NCD on two policies at the same time. 

Obviously if they decide the old car can be repaired then she'll just end up with two cars but thats just a matter of selling one of them.